Part III
Equitable jurisdiction and remedies. 36.—(1) The following time limits under this Act, that is to say—
- (a) the time limit under section 2 for actions founded on tort;
- (b) the time limit under section 5 for actions founded on simple contract;
- (c) the time limit under section 7 for actions to enforce awards where the submission is not by an instrument under seal;
- (d) the time limit under section 8 for actions on a specialty;
- (e) the time limit under section 9 for actions to recover a sum recoverable by virtue of any enactment; and
- (f) the time limit under section 24 for actions to enforce a judgment;
shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any such time limit may be applied by the court by analogy in like manner as the corresponding time limit under any enactment repealed by the 1939 c. 21.Limitation Act 1939 was applied before 1st July 1940.
(2) Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.
Application to the Crown and the Duke of Cornwall. 37.—(1) Except as otherwise expressly provided in this Act, and without prejudice to section 39, this Act shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects.
(2) Notwithstanding subsection (1) above, this Act shall not apply to—
- (a) any proceedings by the Crown for the recovery of any tax or duty or interest on any tax or duty;
- (b) any forfeiture proceedings under the customs and excise Acts (within the meaning of the 1979 c. 2.Customs and Excise Management Act 1979); or
- (c) any proceedings in respect of the forfeiture of a ship.
In this subsection “duty” includes any debt due to Her Majesty under section 16 of the 1936 c. 43.Tithe Act 1936, and “ship” includes every description of vessel used in navigation not propelled by oars.
(3) For the purposes of this section, proceedings by or against the Crown include—
- (a) proceedings by or against Her Majesty in right of the Duchy of Lancaster;
